Franklin Conservation Commission
Minutes of Meeting
September 17, 2015
To: Town Clerk
cc: Members
File
Present: P. Harrington, R. Pendkar, S. McLean, B. Batchelor, T. Henrichon,
George Russell, Conservation Agent.
Absent: J. Livingstone, S. Younis
Mr. George Russell’s Agent’s Report has been appended to the minutes.
Continued - Public Hearing – Notice of Intent – Beaver Street Interceptor Access Road – DPW – CE159-1102
George Russell, Conservation Agent, stated that a written request has been received from the applicant’s representative requesting a continuance of the public hearing for 60 days. Mr. Russell recommended that the hearing be continued until the December 3rd meeting at 7:15 p.m.
There was a motion made by Bill Batchelor to continue the public hearing for the Beaver Street Interceptor Access Road until December 3rd at 7:15 p.m. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 74 Elm Street – DeLuca – CE159-1105
Ms. Jane DeLuca, the applicant, and Ms. Debbie Anderson, wetland scientist, both appeared before the Commission for the construction of a deck and screened porch and cutting of four trees.
Ms. Anderson stated that the applicant has requested to cut four trees. Report from the arborist stated that the trees are a hazard.
The applicant is also requesting to remove the deck and add a larger deck to the existing house.
Ms. Anderson also noted that the stream on the property is listed on the USGS map as perennial. She has observed the stream on several different site visits and observed it to be dry on all of the occasions. She recommended that the stream be designated as intermittent due to these observations.
There will be erosion control installed. There will be 10 native shrub plantings as mitigation for the proposed work.
George Russell, Conservation Agent, stated that he has visited the site on several occasions and observed the stream channel to be dry. He recommended that the NOI indicate that the stream is intermittent.
Mr. Russell also recommended the special conditions listed in his agent’s report.
Ms. DeLuca stated that the stream and the culvert is dry at the present time.
Mr. Ed Twomey, an abutter of 3 Crystal Drive, stated that he has no issues with the project and expressed concern regarding the stream status and potential water problems on his property.
There was a motion made by Bill Batchelor to close the public hearing for 74 Elm Street. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to approve the NOI for 74 Elm Street with the clear indication that the stream is now intermittent and the special conditions attached #20, 24, 27, 28, 34&44. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 300 East Central Street – Franklin MA Properties – CE159-1106
Mr. Barry Gier, Engineer of Jones Beach Engineering, and Mr. Joseph Halligan, the applicant, both appeared before the Commission for the construction of 3 buildings and 1 restaurant.
Mr. Gier gave the Commission members a detailed overview of the plans for the project.
Mr. Russell stated that the plan presented to the Commission members at tonight’s meeting is different than the plan that was submitted.
Mr. Russell recommended to the Commission that the hearing be continued and that this NOI and the subsequent NOI for 340 East Central Street be submitted for peer review and the revised plans be given to the peer review engineer. The new drainage system will be evaluated by peer review.
There was a motion made by Bill Batchelor to recommend peer review for 300 East Central Street. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
There was a motion made by Scott McLean to continue the public hearing for 300 East Central Street until the October 29th meeting at 7:15 p.m. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Public Hearing – Notice of Intent – 340 East Central Street – Franklin MA Properties – CE159-1107
Mr. Barry Gier, Engineer of Jones Beach Engineering, and Mr. Joseph Halligan, the applicant, both appeared before the Commission for the construction of 4 retail stores, gas station/convenience store and 1 restaurant.
Mr. Gier provided the Commission members with a detailed overview of the plans for the project.
Mr. Russell stated that his comments are the same as the comments for the previous application for 300 East Central Street.
There was a motion made by Ravi Pendkar to have peer review of the NOI for 340 East Central Street. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
George Russell, Conservation Agent, stated that the Conservation Department has received the DEP file numbers as well as the green abutter notification cards.
There was a motion made by Ravi Pendar to continue the hearing for 340 East Central Street until October 29th at 7:20 p.m. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
GENERAL BUSINESS
Minor Buffer Zone Activity: 11 Thomas Drive
Ms. Suzanne Walmsley, the homeowner, appeared before the Commission for the replacement and extension of the deck at her residence. The work will take place on all predisturbed area.
Mr. Russell stated that he conducted a site visit and recommended approval of the project.
There was a motion made by Ravi Pendkar to approve the MBZA for 11 Thomas Drive. The motion was seconded by Bill Batchelor and accepted with a vote of 5-0-0.
Certificate of Compliance: 7 Shawkemo Path – CE159-1054
There was a motion made by Scott McLean to release the Certificate of Compliance for 7 Shawkemo Path. The motion was seconded by Bill Batchelor and accepted with a vote
of 5-0-0.
Certificate of Compliance: 4 Georgia Drive – CE159-1078
There was a motion made by Scott McLean to release the Certificate of Compliance for 4 Georgia Drive. The motion was seconded by Bill Batchelor and accepted with a vote
of 5-0-0.
There was a motion made by Scott McLean to release the Certificate of Compliance for 4 Georgia Drive. The motion was seconded by Bill Batchelor and accepted with a vote
of 5-0-0.
Certificate of Compliance: 332 Chestnut Street – CE159-1090
There was a motion made by Scott McLean to release the Certificate of Compliance for 332 Chestnut Street. The motion was seconded by Bill Batchelor and accepted with a vote
of 5-0-0.
Discussion: Enforcement Procedures
George Russell, Conservation Agent, gave the Commission members an outline of the enforcement procedures that are currently in use. Most of the enforcement matters that come to his attention arise from complaints or if the building inspectors observe a violation while conducting their inspections.
Mr. Russell gave the Commission a detailed overview of the procedures he follows while investigating a complaint.
Mr. Russell stated that he is getting more compliance from the residents as they become more educated and informed on this matter.
Discussion: Local By-Law
George Russell, Conservation Agent, advised the Commission that the Town Council passed an amendment to Chapter 181 so that an applicant is only required to submit a copy of the NOI applications to the DPW only and not the other departments listed on the sign-off sheet.
Discussion: Open Space and Recreation Plan
George Russell, Conservation Agent, gave the Commission members an update on the Open Space and Recreation Plan. There was a recent staff meeting regarding this.
The Director of Planning & Community Development will be appearing before the Town Council and recommending a subcommittee be formed regarding this and this will be the controlling body. The Conservation Commission is the lead in this project.
Mr. Russell distributed a survey to the Commissioners that was used in the previous Open Space and Recreation committee. He requested that they review this and provide him with feedback. He recommended that we use the same questions and format with new dates and give him suggestions as to new ideas, comments, etc. in order to move this forward.
Discussion: DelCarte Pond Study
There was a motion made by Bill Batchelor to add a discussion to the agenda for the DelCarte pond study. The motion was seconded by Scott McLean and accepted with a vote of 5-0-0.
Mr. Russell informed the Commission members that consultant services are being retained to evaluate the DelCarte pond site as well as a fish study.
There were 3 responses to the RFP and it was determined that the firm of ESS Group be retained at a cost of just over $35,000.
Minutes
There was a motion made by Scott McLean to accept the minutes of the July 30th and August 13th meeting minutes. The motion was seconded by Ravi Pendkar and accepted with a vote of 3-0-2; 3 Yes, 0 No, 2 Abstentions.
There was a motion made by Ravi Pendkar to accept the minutes of the August 27th meeting. The motion was seconded by Scott McLean and not accepted with a vote of 2-0-3; 2 Yes, 0 No, 3 Abstentions. The motion did not pass.
Signed Orders of Conditions, Certificates of Compliance & Minor Buffer Zone Activity
Minor Buffer Zone Activity – 11 Thomas Drive - Walmsley
Certificate of Compliance – 4 Georgia Drive – Wright - CE159-1078
Certificate of Compliance – 332 Chestnut Street – Drouin - CE159-1090
Certificate of Compliance – 7 Shawkemo Path – LaCroix - CE159-1054
Orders of Conditions – 74 Elm Street – Deluca – CE159-1105
There was a motion made by Scott McLean to adjourn the meeting. The motion was seconded by Ravi Pendkar and accepted with a vote of 5-0-0.
The meeting adjourned at 8:45 PM.
Respectfully submitted,
Kathleen Celorier
Recording Secretary
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